- (1.) Heard counsel for the petitioners and the learned standing counsel for respondent Nos. 1 to 4. Service of notice on the fifth and the sixth respondents is dispensed with, in view of the nature of order, which is being passed.
(2.) Saraswati Vidya Mandir Inter College, Hamirpur is a recognised Institution under the provisions of the U.P. Intermediate Education Act, 1921. It has a duly approved Scheme of Administration under section 16-A of the Act. The petitioners' Committee was elected in an election held on 9 December 2011. The case of the petitioners is that therein petitioner No. 2 was elected as Manager and his signatures were duly attested. By an order dated 8 January 2016, the District Inspector of Schools, Hamirpur nominated an Observer for the elections of the Committee of Management of the Institution. Thereafter, the election schedule was notified by the Election Officer. Aggrieved thereby, the petitioners preferred Writ Petition No. 3985 of 2016, but it was got dismissed as withdrawn with liberty reserved in favour of the petitioners to raise all pleas and contentions after the elections are held. By the impugned order dated 9 February 2016, the District Inspector of Schools, Hamirpur has attested the signatures of Surya Kumar Tiwari (fifth respondent), as he has been elected as Manager in the elections held on 31 January 2016. Aggrieved thereby, the petitioners have preferred the instant writ petition.
(3.) Although in the writ petition, the relief claimed is for quashing of the order dated 8 January 2016, but at the time of hearing, learned counsel for the petitioners confined his prayer to a direction to the third respondent (Regional Level Committee) to decide the dispute raised by the petitioners by means of representation dated 18 February 2016. By the said representation filed before the Joint Director of Education, the petitioners have sought to challenge the validity of the elections held on 31 January 2016 on various grounds.;